The All England Tennis Club (Championships) Limited & Anor v Broker 4 U Ltd & Anor

The All England Tennis Club (Championships) Limited & Anor v Broker 4 U Ltd & Anor

The seriousness of the contempt, high culpability, and medium harm caused by the Defendant's breach of the injunction warranted a custodial sentence. However, mitigating factors including caring responsibilities and this being a first proven breach justified suspending the sentence for two years.

Parties
Claimant: The All England Lawn Tennis Club (Championships) Limited; Claimant: The All England Lawn Tennis Ground PLC; Defendant: Broker 4 U Ltd; Defendant: Gary Davis
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Contempt of Court Proceedings / Sentencing Judgment
Outcome
Second Defendant sentenced to 13 weeks' imprisonment, suspended for 2 years on condition of no further breaches.
Legal Topics
Breach of Injunction, Sentencing for Contempt, Ticket Touting

Case Brief

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Parties

The All England Lawn Tennis Club (Championships) Limited

Claimant

The All England Lawn Tennis Ground PLC

Claimant

Broker 4 U Ltd

Defendant

Gary Davis

Defendant

Procedural Posture

Contempt of Court Proceedings / Sentencing Judgment

  1. 1 What is the appropriate sentence for breach of a civil injunction relating to ticket sales?
  2. 2 Should the sentence be custodial or suspended given the circumstances?

Ratio Decidendi

The seriousness of the contempt, high culpability, and medium harm caused by the Defendant's breach of the injunction warranted a custodial sentence. However, mitigating factors including caring responsibilities and this being a first proven breach justified suspending the sentence for two years.

Court Disposition

Second Defendant sentenced to 13 weeks' imprisonment, suspended for 2 years on condition of no further breaches.

Orders

  • 13 weeks' imprisonment for the Second Defendant, suspended for 2 years on condition of no further breaches of the injunction.